PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE.
These Terms of Use (“Site Terms”) apply exclusively to your access to, and use of, the Web site of Southfork Landing, Inc. ("SLI”) located at www.southforklanding.com (the "Site"). These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with SLI or its subsidiaries or affiliates for products, services or otherwise. If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Site Terms on such entity's behalf, and that such entity agrees to indemnify you and SLI for violations of these Terms.
SLI reserves the right to change or modify any of the terms and conditions contained in these Site Terms, and any other policy or guideline of the Site, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting of the revisions on the Site. Your continued use of this Site following the posting of such changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review these Site Terms and other applicable policies from time to time to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you must stop using the Site.
If you have any questions regarding the use of the Site, please refer first to the Site's Frequently Asked Questions. All other questions or comments about the Site or its contents may be directed to SLI using its Contact Us page.- Privacy Policy
Your privacy is important to SLI. Please refer to our Privacy Policy for information on how SLI collects, uses and discloses personally identifiable information from visitors to the Site.
- No Offer or Solicitation; Information Only
No federal or state agency has judged the merits or value, if any, of any property in SLI's planned Southfork Landing residential community ("Southfork Landing"). The information and other materials provided on the Site are strictly for information purposes as a service to you. Neither the Site nor any information or materials on the Site or provided in connection with the Site (including, without limitation, email responses to user inquiries) shall be construed as an offer or solicitation to purchase real property.
- Information on the Site
The Site, and any information, content and other materials on the Site, may be modified, augmented or deleted by SLI, in SLI's sole discretion, at any time without notice. Such information, content and other materials may contain errors or be incomplete or out of date. Any and all prices, plans, designs, dimensions, specifications, materials and other depictions, as well as the number, type, size, location, appearance and availability of lots, homes, facilities and amenities as represented on the Site, are subject to change without notice. Any depicted sizes are approximate. Any improvements labeled "proposed" or "planned" or "future developments" are in formative stages and there is no guarantee that they will be completed or developed in accordance with any plans or specifications, if at all. Certain neighborhood or project amenities may not be complete and completion is neither warranted nor guaranteed. You should contact SLI to verify information obtained from the Site before you act upon it. Photographs and other depictions of Southfork Landing may include artists' renderings, may differ from any completed improvements in Southfork Landing and may portray locations and activities not within Southfork Landing. Use of some or all recreational amenities within Southfork Landing may require membership.
- Other Applicable Terms and Conditions
Your use of some services and features on the Site may be subject to different or additional terms and conditions. In that event, such terms and conditions will govern to the extent of any inconsistency with these Terms of Use. Without limiting the generality of the foregoing, the Site may allow visitors to register for a priority right to purchase properties within SLI's planned Southfork Landing residential community ("Southfork Landing"). Any such pre-registrations and reservations are subject to the terms and conditions of the applicable Lot Priority Position Agreement for the particular Phase of development of Southfork Landing.
- Copyright and Limited License
Unless otherwise indicated, the Site and all content and other materials on the Site, including, without limitation, the SLI logo, and all designs, text, graphics, pictures, information, data, sound files, other files and the selection and arrangement thereof (collectively, the "Materials") are the proprietary property of SLI or its licensors and are protected by U.S. and international copyright laws.
You are granted a limited, non-sublicensable license to access and use the Site and electronically copy (except where prohibited without a license) and print to hard copy the Materials for your informational, non-commercial and personal use only. Such license is subject to these Site Terms and does not include: (a) any resale or commercial use of the Site or the Materials therein; (b) the collection and use of any listings, pictures or descriptions; (c) the distribution, public performance or public display of any Materials, (d) modifying or otherwise making any derivative uses of the Site or the Materials or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Site, the Materials or any information contained therein, except as expressly permitted on the Site; or (g) any use of the Site or the Materials other than for its intended purpose. Any use of the Site or the Materials other than as specifically authorized herein, without the prior written permission of SLI, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Site Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
- Repeat Infringer Policy
SLI respects the intellectual property of others, and we ask our users to do the same. SLI may, in appropriate circumstances and at its own discretion, limit access to the Site and/or terminate the accounts of any users who infringe the intellectual property rights of others.
- Trademarks
"Southfork Landing, Inc.," "Southfork Landing," the SLI logo and any other product or service name or slogan contained in the Site are trademarks of SLI and its suppliers or licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of SLI or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "SLI" or any other name, trademark or product or service name of SLI without the prior written permission of SLI. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of SLI and may not be copied, imitated or used, in whole or in part, without the prior written permission of SLI. All other trademarks, registered trademarks, product names and SLI names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by SLI.
- Hyperlinks
You are granted a limited, non-exclusive right to create a text hyperlink to the Site, provided that such link does not portray SLI or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a SLI logo or other proprietary SLI graphic to link to this Site without the express written permission of SLI. Further, you may not use, frame or utilize framing techniques to enclose any SLI trademark, logo or other proprietary information, including, without limitation, the images found at the Site, the content of any text or the layout/design of any page, form or content contained on a page on the Site without SLI's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of SLI or any third party.
SLI makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Site, or Web sites linking to the Site. Such sites are not under the control of SLI and SLI is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. SLI provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by SLI of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
- Third-Party Content
SLI may provide links to Web pages and content of third parties ("Third-Party Content") as a service to those interested in this information. SLI does not monitor or have any control over any Third-Party Content or third-party Web sites. SLI does not endorse or adopt any Third-Party Content and makes no representation, warranty or guarantee as to its accuracy or completeness. SLI undertakes no responsibility to update or review any Third-Party Content. Users use these links and any Third-Party Content to which such links direct the user at the user's own risk.
- Patents
One or more United States patents and/or patent applications, and their foreign counterparts, may apply to the Site and to the features and services accessible via the Site.
- Advertisements and Promotions
SLI may run advertisements and promotions from third parties on the Site. Your participation in promotions of, or business dealings or correspondence with, advertisers other than SLI, and any terms, conditions, warranties or representations associated therewith, are solely between you and such third party. SLI is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-SLI advertisers on the Site.
- Submissions
You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of email or other submissions to SLI, are non-confidential and shall become the sole property of SLI. SLI shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
- Forums & Other Interactive Services or Areas
The Site may include discussion forums or other interactive areas or services, including chat rooms or message boards, blogs or storage services, or other areas or services in which you or third parties create, post or store any content, messages, materials or other items on the Site (“Interactive Areas”). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
- Any message, data, information, text, music, sound, photos, graphics, code or other material ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ;
- Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Unsolicited promotions, political campaigning, advertising or solicitations;
- Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- Viruses, corrupted data or other harmful, disruptive or destructive files; and
- Content that, in the sole judgment of SLI, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose SLI or its users to any harm or liability of any type.
SLI takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is SLI liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Areas is at your own risk. As a provider of interactive services, SLI is not liable for any statements, representations or Content provided by its users in any public forum, personal home page or other Interactive Area. Although SLI has no obligation to screen, edit or monitor any of the Content posted in any Interactive Area, SLI reserves the right, and has absolute discretion, to remove, screen or edit any Content posted or stored on the Site at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Site at your sole cost and expense.. Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Site Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect SLI's systems and customers, or to ensure the integrity and operation of SLI's business and systems, SLI may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted Content. SLI's right to disclose any such information shall govern over any terms of SLI's Privacy Policy.
If you post Content to the Site, unless we indicate otherwise, you grant SLI and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content throughout the world in any media. You grant SLI and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the Content that you post or you otherwise have the lawful right to distribute and reproduce such Content and to post such Content to the Site; (b) the Content is accurate and not misleading; and (c) use and posting of the Content you supply does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity.
- Registration Data; Account Security
In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of any passwords and any identifiers that may be issued to you; and (c) maintain and promptly update all Registration Data, and any other information you provide to SLI, to keep it accurate, current and complete.
- Indemnification
You agree to defend, indemnify and hold harmless SLI, its independent contractors, service providers and consultants, and their respective directors, employees and agents (collectively, the "Released Parties"), from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to the Site, including, without limitation, any features and services available on the Site, any Content that you post, store or transmit on or through the Site, or your use of or inability to use the Site, including, without limitation, any actual or threatened suit, demand or claim made against SLI or any other Released Party that arises out of or relates to your conduct, your violation of these Site Terms or your violation of the rights of any third party.
- Disclaimer
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY SLI, THE SITE, THE MATERIALS CONTAINED THEREIN AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE "SERVICES") ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. SLI DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT AND MATERIALS ON AND AVAILABLE THROUGH THE SITE. SLI DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.
SLI IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, MAPPING OR PHOTOGRAPHY. WHILE SLI ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE AND THE SERVICES SAFE, SLI CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
SLI reserves the right to change any and all content contained in the Site and any Services offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by SLI.
- Limitation of Liability
IN NO EVENT SHALL SLI, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM SLI OR OTHERWISE FROM THE SITE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURES, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE RECORDS, PROGRAMS OR SERVICES OF SLI OR ITS AGENTS OR SERVICE PROVIDERS. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SLI, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED THE NONREFUNDABLE PORTION OF ANY COMPENSATION YOU PAY, IF ANY, TO SLI FOR ACCESS TO OR USE OF THE SITE OR FEATURES OR SERVICES ON THE SITE.
- Applicable Law and Venue
These Site Terms and your use of the Site (including, without limitation, all features and services on the Site) shall be governed by and construed in accordance with the laws of the State of Idaho, applicable to agreements made and to be entirely performed within the State of Idaho, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Site Terms or your use of the Site shall be filed only in the state and federal courts located in Boise, Idaho, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Site Terms or your use of the Site.
- Termination
Notwithstanding any provision of these Site Terms, SLI reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to control, restrict and prevent your access to and use of the Site.
- Severability
If any provision of these Site Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.
- Contact Information
You may direct questions or comments about the Site to us at info@southforklanding.com or (208) 514-4540.